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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 08-26-2001, 12:06 AM
tltymer
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Unhappy

I solicited a prostitute


i'm from Illinois. i asked this woman that was walking around in a parking lot if she wanted company. she said it takes money. i said i have 20 dollars. she said meet me at the bar across the street. i never showed her any money,and drove away. i got around the block and a police car pulled me over and arrested me for soliciating a prostitute. i posted 100 dollar bond. court date is 9/24/01. will this just be a fine? is this a misdeameanor? is this entrapment because i never showed any money? please help!!!
  #2  
Old 08-26-2001, 09:09 AM
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Join Date: Jan 2001
Posts: 12,066
Grrr, bite, sting, they got you. Only the promise of exchanging money for sex is required for someone to get busted for solicitation. The $100 bond is just a way to make sure you show up in court, if you don't, there will be a warrant issued. The "prostitute" was probably a cop and will be in court to testify against you. My hometown newspaper has a weekly column thats lists the names and ages of anyone convicted of solicitation. It can be quite embarrassing to some.
  #3  
Old 08-26-2001, 12:23 PM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191

Re: I solicited a prostitute


Quote:
Originally posted by tltymer
i asked this woman that was walking around in a parking lot if she wanted company. she said it takes money. i said i have 20 dollars.

is this entrapment because i never showed any money?

My response:

You are the one who made "first contact" and the one who made the offer of $20.00.

ENTRAPMENT - A person is 'entrapped' when he is induced or persuaded by law enforcement officers or their agents to commit a crime that he had no previous intent to commit; and the law as a matter of policy forbids conviction in such a case.

However, there is no entrapment where a person is ready and willing to break the law and the Government agents merely provide what appears to be a favorable opportunity for the person to commit the crime. For example, it is not entrapment for a Government agent to pretend to be someone else and to offer, either directly or through an informer or other decoy, to engage in an unlawful transaction with the person. So, a person would not be a victim of entrapment if the person was ready, willing and able to commit the crime charged in the indictment whenever opportunity was afforded, and that Government officers or their agents did no more than offer an opportunity.

On the other hand, if the evidence leaves a reasonable doubt whether the person had any intent to commit the crime except for inducement or persuasion on the part of some Government officer or agent, then the person is not guilty.

In slightly different words: Even though someone may have [sold drugs], as charged by the government, if it was the result of entrapment then he is not guilty. Government agents entrapped him if three things occurred:

- First, the idea for committing the crime came from the government agents and not from the person accused of the crime.

- Second, the government agents then persuaded or talked the person into committing the crime. Simply giving him the opportunity to commit the crime is not the same as persuading him to commit the crime.

- And third, the person was not ready and willing to commit the crime before the government agents spoke with him.

On the issue of entrapment the government must prove beyond a reasonable doubt that the defendant was not entrapped by government agents.

Good luck.

IAAL
  #4  
Old 08-26-2001, 04:32 PM
tltymer
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She said it takes money to spend some time with her. i said i had $20. what happens to me in court? is it a fine to pay? i have never been arrested before. do you think i need an attorney? or do i pay the fine and be done with this?
So do I get a lawyer or do I pay the fine,which do you think I would be further ahead on?

Last edited by tltymer; 08-27-2001 at 07:04 PM.
  #5  
Old 08-27-2001, 04:05 PM
whipsnake
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Posts: n/a
there are a number of things a judge can do to keep you from having an encore performance in their courtroom. they can fine you, they can put your name in the newspaper of your hometown. they can insist you be tested for sexually transmitted diseases, and any number of things to humiliate you and make you less likely to become a repeat offender
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